General Terms and Conditions
1.1 These General Terms and Conditions of Sale (hereinafter "GTC") define the rights and obligations of the parties in the context of the sale of products (hereinafter "products") via the website WWW.COLOMBESTEISEL.COM (hereinafter referred to as the "website").
These GTC govern any sale of products made on the website.
1.2 The GTC are concluded between, on the one hand, COLOMBE STEISEL, an individual registered since April 7, 2019, with the Belgian Crossroads Bank for Enterprises under number 0724.658.393 (VAT BE 0724.658.393), located at 21A Rue de la Bruyère Saint-Martin, 1320 Beauvechain, Belgium, hereinafter referred to as the "seller," and, on the other hand, the person making a purchase on the website, hereinafter referred to as the "buyer."
The buyer and the seller are jointly referred to as the "parties." The parties agree that their relationship will be governed exclusively by the GTC in force at the time of the order.
1.3 Any order of a product offered on the website (hereinafter the "order") implies prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned by a handwritten signature from the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules regarding the legal framework for electronic signatures and certification services, it is reminded that validation of the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature and constitutes proof of the entirety of the order and the enforceability of the sums due in execution of said order.
1.4 The GTC exclusively concern non-trading individual buyers. The buyer who wishes to purchase a product on the website declares to have full legal capacity. Any person under incapacity as defined in Articles 1123 and following of the Civil Code cannot in any way purchase on the website or must do so through and under the responsibility of their legal representative. This legal representative is obliged to comply with the GTC.
2.1 The products offered for sale are those listed on the website, with a description of their essential characteristics, on the day and at the precise time the buyer consults the website, and within the limits of available stocks. The seller makes every reasonable effort to display the availability of products in real time on the website but cannot be held responsible if a product is no longer available to fulfill the buyer's order. In case of unavailability of any of the ordered products, the buyer will be informed and will have the option to either modify the order or cancel it, in which case they will be reimbursed for the amount of their order if payment has already been made.
2.2 Photographs, texts, and other descriptive elements illustrating the products are not contractual in nature. If these photographs and/or texts are inaccurate, the seller cannot be held liable for this. The seller undertakes to make every effort to correct errors or omissions on the website as quickly as possible after being informed.
2.3 As the products are not standard but crafted on demand, slight differences or modifications in colors and patterns cannot give rise to a claim.
2.4 Production time takes into account the artisanal and personalized nature of the items for sale. The delivery times indicated on the website are for guidance only. Failure to meet these times does not entitle the buyer to damages.
2.5 If the buyer wishes to be delivered by a specific date or desires a custom or non-catalog item, they are requested to contact the seller in writing prior to placing their order.
3.1 The price of each product is displayed on the website (hereinafter the "purchase price") in euros and including VAT. This price is valid in countries where delivery is possible via the website and does not include delivery charges, which are also borne by the buyer, nor does it deduct any discounts or vouchers granted to the buyer personally. The seller reserves the right to modify prices at any time, but products will be invoiced based on the purchase price in force at the time of order validation, subject to availability.
3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the ordered products, the delivery charges (hereinafter "charges"). These charges vary depending on the type and quantity of products ordered, and the chosen delivery method, and include VAT. The buyer can view the amount of these charges on the website by consulting their "Cart", where the total amount is calculated including the purchase price of the products and charges. The seller reserves the right to modify the amount of charges at any time, but charges will be invoiced based on the rates in force at the time of order validation, subject to availability.
3.3 Products are only delivered to countries for which delivery is authorized by the website. Buyers wishing to have delivery in authorized countries but to an island within those countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may incur additional charges. The indicated delivery times are not binding but are purely indicative. No delay in delivery may result in the cancellation of the order or payment of damages to the buyer. The seller has the right to make partial deliveries.
4.1 To place an order, the buyer must complete the order form provided on the website, including necessary identification information such as their name, first name, and delivery address. The seller cannot be held responsible for consequences resulting from incorrect information provided. After completing the order form, the buyer is invited to finalize the order process by clicking on "Validate my order," through which the buyer declares full and unconditional acceptance of these GTC, definitively validates their order, and undertakes to pay the full total amount due, i.e., the purchase price plus charges, and minus any vouchers.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer during their purchase. This order confirmation will include the order date, the ordered product, its purchase price plus charges, and delivery details. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in case of a dispute with the buyer, total or partial non-payment of a previous order, or refusal of credit card payment authorization by banking institutions. In such cases, the seller's liability cannot be engaged under any circumstances.
5.1 Purchases are paid via Paypal/Stripe, by Visa or Mastercard credit cards, and by "Maestro" and "Bancontact - Mistercash" debit cards. When validating the order, the buyer provides the name on their credit or debit card, the card number, its expiration date (and the control number in the case of Visa and/or Mastercard). Some issuing banks may require an additional type of signature such as a digipass. Payment validity is confirmed or not after verification by the issuing bank. If payment is confirmed, the debit occurs after the order is invoiced, according to the terms agreed with the card issuer.
5.2 The ordered product(s) remain(s) the property of the seller until full payment of the purchase price and charges indicated during the order.
6.1 Delivery is made worldwide by the seller (any taxes or import fees are at the buyer's expense). For foreign countries not listed as destinations, the buyer can contact the seller at info@colombesteisel.com to inquire about applicable delivery fees.
6.2 The order is delivered to the address or pickup point indicated by the buyer. Orders are handled, at the buyer's choice, by Mondial Relay or Bpost.
6.3 Upon delivery, a sales invoice is provided to the buyer.
6.4 Transfer of risks to the buyer occurs when the ordered products are made available to the carrier. The buyer will be informed by email of their parcel's tracking number.
7.1 As the products are personalized, they cannot be returned or exchanged under any circumstances.
8.1 The seller collects personal data concerning buyers, which is communicated to them on the website or by email. The seller undertakes not to disclose this data to third parties. It is confidential and will only be used internally by their services for order processing, to enhance and personalize communication, including letters/emails of information, and to customize the website based on observed buyer preferences, or for solvency monitoring.
8.2 The seller does not sell, market, or rent to third parties the information concerning buyers. In case of transfer or use by third parties of personal data, the seller commits to inform the buyer beforehand to allow them to exercise their right to object. The seller may also provide consolidated statistics regarding their buyers, sales, trading structure, and website information to trusted third parties, but these statistics will not contain any personal data. However, this article does not prevent the assignment or transfer of activities to a third party.
9.1 The seller only undertakes obligations to use reasonable efforts throughout all stages from accessing the website, placing an order, to delivery or subsequent services. The seller shall not be liable for any inconveniences or damages inherent in the use of the Internet network, including service interruptions, external intrusions, presence of computer viruses, or any event considered force majeure. In any event, the seller's liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable during the transaction giving rise to such liability, regardless of the cause or form of the action concerned.
9.2 The seller cannot be held responsible for force majeure events such as delays in execution or non-performance of its commitments due to events beyond its normal control, including production interruptions, supply difficulties or shortages of raw materials, labor, energy or transport, or delays in transport, strikes, lock-outs, work stoppages or other collective labor disputes affecting the seller or its suppliers, even if these events were foreseeable.
All elements of the website, whether visual or auditory, including underlying technology, are protected by copyright, trademarks, patents, and generally by intellectual property laws and laws related to databases. They are the exclusive property of the seller. A buyer who owns a personal website and wishes to place a simple link directly to the website for personal use must obtain permission from the seller. This does not constitute an implicit affiliation agreement. However, any hyperlink to the website using framing, in-line linking, or deep linking techniques is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from the seller.
For any questions regarding their purchase, the buyer has the option to contact the seller using the contact form available in the "Contact" section of the seller's website or by emailing info@colombesteisel.com. The seller undertakes to respond to the buyer's request promptly.
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect. These terms and conditions, along with the order summary transmitted to the buyer, constitute a contractual whole and represent the entirety of the contractual relations between the parties. In case of contradiction between these documents, these terms and conditions shall prevail.
These general terms and conditions of sale apply for the entire duration of the services offered by the seller.
Computerized records kept in the seller's and its partners' computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the parties. The parties accept the principle of electronic evidence (e.g., email, backups, etc.) in their relations.
The seller reserves the right to modify these terms and conditions and will communicate the new version to buyers via the website.
These terms and conditions are governed by Belgian law. In the event of a dispute, an amicable solution shall be sought before any legal action. Failing an amicable settlement, the courts of the seller's domicile shall have sole jurisdiction.